According to at least one legal opinion, the Alna special town meeting vote Aug. 25 instructing the board of selectmen to contract with Hanley Construction for Alna’s snow removal may be void.
The Alna Board of Selectmen called the special town meeting to raise $15,000 to cover the cost of a new snowplowing contract beyond the figure in the town budget. The selectmen also sought to raise an additional $5,000 for sand and salt costs, for a total request of $20,000.
During the meeting, Alna voters rejected a proffered contract with Hagar Enterprises Inc., of Damariscotta, and directed the selectmen to accept an offer solicited from Hanley Construction Inc., of Bristol, by Alna Fire Chief Mike Trask.
Hagar submitted the only bid for the job.
During the meeting Alna voters amended the article twice. The first amendment reduced the dollar amount to $0 and the second directed the selectmen to contract with Hanley Construction, who had been doing the town’s snowplowing for the last five years.
In an Aug. 27 email to Alna Town Clerk Amy Warner, Maine Municipal Association attorney Susanne Pilgrim explained, that in her opinion, the first amendment reducing Article 2 from $20,000 to $0 would have been appropriate. The second amendment to the article directing the selectmen to use a specific contractor and specifying the amounts to be paid for the next three years was void.
“In my opinion, the second amendment was far outside the scope of the article on the warrant, and was void,” Pilgrim said.
Because the voters approved the article with a void amendment they actually took no action on the article, Pilgrim said.
“Thus in my opinion the town is left with the status quo prior to the special meeting. I understand that was an appropriation of funds for snowplowing and sand/salt at your annual town meeting. I think that original appropriation remains.” Pilgrim wrote.
Chris Cooper, who moderated the special town meeting, said in an email Aug. 28 the legal opinion from Pilgrim is just one legal opinion, which could be tested.
“I ruled both amendments legal at the meeting because neither changed the fundamental purpose of the article – to raise money (or not) and to use that money for snow removal. Also, I always seek to give the voters (the town’s legislative body) wide latitude; I’d rather they occasionally overreached than they ever were stifled,” Cooper said.
For his part, Trask told The Lincoln County News he did not go behind the board of selectmen, nor was he acting in his capacity as the town’s fire chief. Trask said he was simply acting as an Alna taxpayer.
“I didn’t have an ax to grind,” Trask said. “My whole, sole purpose for being there was to keep taxes down.”
The problem, Trask said, is that the selectmen mishandled affairs with Hanley, who Trask said has “done a good job for the town.”
Trask said he was simply asking the board why they were not pursuing the less expensive option. He added, that speaking as the fire chief, he could attest Hanley’s crew did an excellent job on Alna roads during the winter.
The fire department has had to go out on a lot fewer calls during a snowstorm than during the previous contractor.
Trask acknowledged that he is friendly with Hanley but said friendship, and his role as the fire chief and former Alna road commissioner were not at issue. If Hanley’s performance was not acceptable, Trask said he would have been the first to say so.
The Alna Board of Selectmen will discuss the issue Wednesday, Sept. 3 at its next regular meeting, which begins at 7 p.m. at the Alna Town Office.
